HomeMy WebLinkAbout09.b EDB SJRWMD MOU and SWIG Lease Agmt EXECUTIVE SUMMARY
AGENDA ITEM:
Proposed Third Amendment to the Agreement with the St. Johns River Water Management
District (SJRWMD) and First Amendment to the Lease Agreement between Clay County Utility
Authority (CCUA) and Sustainable Water Investment Group Doctors Lake, LLC (SWIG) for the
Doctors Lake Advanced Effluent Treatment Project at the Fleming Island Water Reclamation
Facility (WRF)
CCUA Project No. 2203-134
Date: February 12, 2026
BACKGROUND:
Staff seek the Board of Supervisors' approval to renew the Memorandum of Understanding
(MOU) with SJRWMD to continue participation in the phosphorus removal project with SWIG.
Along with the MOU, staff also seek approval to extend the existing lease agreement with SWIG
for the project located at the Fleming Island WRF.
The Board of Supervisors previously approved the MOU with SJRWMD and the Lease Agreement
with SWIG at the December 18,2018,meeting. SJRWMD selected, along with CCUA staff, SWIG
as the vendor for this project.
SWIG completed construction and began operation of the phosphorus removal project in June
2020. SWIG representatives reported their progress and performance to the Board of Supervisors
at the January 19,2021,meeting. In addition to the Fleming Island WRF project, SWIG's treatment
media is also utilized as a key component of SJRWMD's Black Creek Water Resource
Development Project in Keystone Heights.
The MOU between SJRWMD and CCUA was previously extended through July 31, 2026, with
no other changes proposed. SJRWMD is requesting an extension of the MOU through July 31,
2031. Similarly, SWIG is requesting an extension of the lease agreement through July 31, 2031.
CCUA staff supports the continuation of the SWIG phosphorus removal project under the existing
terms of the approved MOU and Lease Agreement through July 31, 2031.
BUDGET:
CCUA does not incur expenses related to this project. SJRWMD pays SWIG directly under a pay-
for-performance arrangement.
RECOMMENDATION:
Staff respectfully request authorization from the Board of Supervisors for the Executive Director
to execute the amendment to the approved MOU with SJRWMD and the Lease Agreement with
SWIG to extend the Doctors Lake Advanced Effluent Treatment Project at the Fleming Island
WRF through July 31, 2031.
//JJ(Author)
//DD, AE(Review)
//JJ(Final)
ATTACHMENTS:
Proposed Third Amendment to the Agreement Between the St. Johns River Water Management
District and Clay County Utility Authority for the Doctors Lake Advanced Effluent Treatment
Project
Proposed First Amendment to the Lease Agreement Between Clay County Utility Authority and
SWIG Doctors Lake, LLC f/k/a Sustainable Water Investment Group
//JJ(Author)
//DD, AE(Review)
//JJ(Final)
CONTRACT 33850
AMENDMENT#3 (Renewal)
AMENDMENT 3 TO THE AGREEMENT BETWEEN
THE ST.JOHNS RIVER WATER MANAGEMENT DISTRICT
AND CLAY COUNTY UTILITY AUTHORITY FOR
THE DOCTORS LAKE ADVANCED EFFLUENT TREATMENT PROJECT
THIS AMENDMENT is entered into by and between the GOVERNING BOARD of the ST. JOHNS
RIVER WATER MANAGEMENT DISTRICT(the"District"),whose mailing address is 4049 Reid
Street, Palatka,FL 32177-2571, and CLAY COUNTY UTILITY AUTHORITY("Contractor"),whose
address is 3176 Old Jennings Road,Middleburg,FL 32068, and is effective on the date the last party has
executed same.
PREMISES:
WHEREAS,the Parties entered into Memorandum of Understanding No. 33850 on January 17, 2019, for
the Doctors Lake Advanced Affluent Treatment Project("MOU"), on February 4,2021,Amendment 1
reinstated and renewed the MOU through January 17,2023, and on February 6,2024,Amendment 2
reinstated and renewed the MOU through July 31,2024, and;
WHEREAS,the Parties now desire to further amend the MOU.
NOW,THEREFORE, in consideration of the foregoing premises,which are incorporated herein, and the
mutual covenants contained in this Amendment, and for other good and valuable consideration,the parties
agree to amend the MOU as follows:
1. Renewal Term.The MOU, Contract 33850,is hereby renewed for the period beginning August 1,
2026 and ending July 31, 2031.
2. Ratification.All other terms and conditions of the MOU, including any prior amendments,are
hereby ratified and shall remain in full force and effect.
IN WITNESS WHEREOF,the Parties hereto have duly executed this amendment on the date set forth
below.
ST.JOHNS RIVER WATER CLAY COUNTY UTILITY AUTHORITY
MANAGEMENT DISTRICT
By: By:
Mary Ellen Winkler,J.D.,Assistant Executive Director Jeremy D.Johnston,PE,MBA,Executive Director
Date: Date:
FIRST AMENDMENT TO LEASE AGREEMENT
BETWEEN CLAY COUNTY UTILITY AUTHORITY
AND SWIG DOCTORS LAKE, LLC
THIS FIRST AMENDMENT ("First Amendment") to that certain Lease Agreement by and between Clay
County Utility Authority("Lessor")and SWIG Doctors Lake, LLC("Lessee")with an Effective Date of January
10, 2019 ("Lease Agreement") is hereby entered into this day of , 2026.
RECITALS:
The parties entered into the Lease Agreement on January 10, 2019, in conjunction with the Phosphorus
Reduction Facility Agreement, as described in the Lease Agreement, and now desire to amend the Lease
Agreement to extend the term duration.
NOW, THEREFORE, in consideration of the above and Ten Dollars ($10.00), the receipt and sufficiency of
which are hereby acknowledged,and the mutual covenants contained herein,the parties hereby agree as
follows:
1. Paragraph G,Term of Lease, is hereby amended to extend the term, beginning January 11, 2026 and
ending July 31, 2031 ("Amended Expiration Date").
2. Except as modified in paragraph 1 above, other terms and conditions contained in the Lease
Agreement remain valid and continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed this First Amendment effective as of the
date first above written.
LESSOR: LESSEE:
Clay County Utility Authority SWIG Doctors Lake, LLC
By: Sustainable Water Infrastructure Group, LLC,
Its Member
By _ By
Jeremy D.Johnston, PE, MBA Mark Merkelbach, Its Member
Its: Executive Director
4912-6105-4857,v. 1